Your spouse, father, mother, sister, brother or friend needs help because of an illness that alters his or her physical or mental faculties, but does not have a protection mandate. You're ready to help, but can you do so without incurring liability? To be able to act legally on this person's behalf, you need to "open a tutorship to a person of full age".
Any person of full age who is more or less capable of taking care of himself or herself or administering his or her property, notably as a result of an illness, disability or age-related impairment that alters his or her mental or physical faculties, may be subject to an appropriate protective regime if he or she does not have a mandate of protection or if the mandataries named in the mandate are unable to act. A guardianship of a person of full age is established in his or her interest and is intended to ensure the protection of his or her person, the administration of his or her patrimony and the exercise of his or her civil rights. The appointed guardian has powers of simple administration, and for each specific action, such as selling real estate, authorization must be sought from the court. This is particularly cumbersome in cases where an incapacitated adult without a mandate of protection owns one or more properties that need to be sold to meet his or her needs. That's why we particularly recommend a mandate of protection for anyone owning one or more immovables, to ensure that your mandatary has the power to sell your immovables, thus simplifying an already cumbersome and complex process.
The application for the opening of a protection regime is made following a procedure before a notary or before the court, by application by the spouse, parents and allies, the person of full age himself, also any person who demonstrates a particular interest in the person of full age and by any interested party, including the Curateur public.